Labhala Omkar v. The District Collector, Vizianagaram, Vizianagaram District

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE WRIT PETITION No. 14442 OF 2009 Date: 18.03.2016 Between:

Labhala Omkar ... Petitioner And The District Collector, Vizianagaram, Vizianagaram District & others.

... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE WRIT PETITION No. 14442 OF 2009 ORDER:

Heard learned counsel for the parties.

The prayer in the writ petition reads thus:

"For the reasons mentioned in the accompanying affidavit the petitioner herein prays that this Hon'ble Court may be pleased to issue a writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not issuing the S.T. caste certificate (Jatapu) to the petitioner as illegal, arbitrary, untenable, violative of the provisions of the A.P. (SC, ST & BC's) Regulation of Issue of Community Certificate Act, 1993 and Rules 1997 and consequently direct the respondents to issue the S.T. caste certificate (Jatapu) to the petitioner as per the Rules and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case." Sri Tuhin Kumar, learned counsel for the petitioner, submits that the petitioner would be satisfied if directions are issued to the 1st respondent to decide his application seeking S.T. caste certificate (Jatapu) within time frame.

Learned Government Pleader for respondent Nos.1 and 2, submits that respondent No.2 shall decide the petitioner's application with time frame.

Hence, I dispose of the writ petition by the following order: "Petitioner shall place copy of this order along with copy of the writ petition and the annexures before the Tahsildar - respondent No.2 and shall also make a fresh application for seeking S.T. caste certificate

(Jatapu) to respondent No.2 within a period of two weeks from today. Petitioner shall also place copy of his earlier application along with fresh application on record.

Respondent No.2 - Tahsildar, shall decide the petitioner's application on merits in accordance with law as expeditiously as possible and preferably within a period of eight weeks from the date of its receipt and shall communicate the order to the petitioner within a period of two weeks therefrom. All contentions of the parties are kept open." Miscellaneous petitions, if any, shall also stand disposed of. There shall be no order as to costs.

_________________________ DILIP B. BHOSALE, ACJ Date: 18.03.2016 ES